Article 13 of Decree 88/2024/ND-CP regulates compensation for non-agricultural land other than residential land when the State recovers land as follows:
1. Households and individuals that are using land for non-agricultural production, business, commerce, and service purposes before July 1, 2014, without documents on land use rights if eligible for compensation Usually stipulated in Clause 1, Article 5 of Decree 88/2024/ND-CP, compensation will be based on the used area recovered.
The type of land for compensation calculation is applied as in the case of land allocated by the State with collection of land use fees , and the land use term is stable and long-term.
2. Households and individuals that are using non-agricultural land other than residential land before July 1, 2014, have violated the land law if they are eligible for compensation as prescribed in Clause 2, Article 5 of the Decree. 88/2024/ND-CP will be compensated for land according to the used area recovered.
The type of land for compensation calculation is applied as in the case of land allocated by the State with collection of land use fees, and the land use term is stable and long-term.
3. Households and individuals are using non-agricultural land that is not residential land due to improper allocation of land or using land due to purchase, liquidation, valuation, distribution of housing and construction works attached to land not in accordance with regulations before August 1, 2024, if eligible for compensation as prescribed in Clause 3, Article 5 of Decree 88/2024/ND-CP, compensation for land shall be carried out according to the following regulations: :
- Land that was used stably before October 15, 1993 will be compensated for land according to the provisions of Point c, Clause 2, Article 8 of Decree 88/2024/ND-CP;
- Land that has been used stably from October 15, 1993 to before July 1, 2014 will be compensated for the land according to the provisions of Point c, Clause 3, Article 8 of Decree 88/2024/ND-CP;
- In case land is allocated from July 1, 2014 to before August 1, 2024, with documents proving that money has been paid to use the land, land compensation will be provided according to the provisions of Point c, Clause 3, Article 8 of Decree 88. /2024/ND-CP.
4. Land compensation for households and individuals using non-agricultural land other than residential land belonging to land with a term of use specified in Clause 1, Article 99 of the Land Law 2024 is implemented as follows :
- In case compensation is made with land with the same use purpose as the recovered land, the compensated land use term is the remaining use term of the recovered land. In case the land user wishes to increase the land use term, the land use term is determined according to the provisions of Article 172 of the Land Law 2024 and the land user must pay land use fees and land rent for with an increased term compared to the remaining land use term of the recovered land.
- In case of monetary compensation, the determination shall be as prescribed in Clause 7.
- In case of compensation in the form of land with a use purpose other than the type of land recovered or in the form of housing, it shall comply with the provisions of Article 4 of Decree 88/2024/ND-CP.
5. In case households and individuals are compensated for land according to the provisions of Clause 2, Article 99 of the Land Law 2024, compensation will be carried out according to the provisions of Clause 4.
6. In case the land user is compensated for land according to the provisions of Article 100 of the Land Law 2024, proceed as follows:
- Land compensation is carried out in cases where the entire land area of the project is recovered or the remaining area after recovery does not meet the conditions for the project to continue and is carried out according to the provisions at point 1. a Clause 4.
- In case of monetary compensation, the determination of the compensation amount shall comply with the provisions of Clause 7.
7. In case a person who is using non-agricultural land other than residential land for a term of use is compensated in money according to the above regulations, it will be determined as follows:
In there:
- Tbt: Compensated amount.
- G: Specific land price at the time of approval of the compensation, support and resettlement plan.
- S: Area of land recovered.
- T1: Land use term.
- T2: Remaining land use term = Land use term - Land use term up to the time of approval of the compensation, support and resettlement plan.
8. Households and individuals that are using commercial land, service land, land for non-agricultural production establishments, and other non-agricultural land with a stable and long-term use are eligible for compensation according to stipulates that when the State recovers land, compensation will be paid according to the type of land recovered as prescribed in Clause 4, Article 171 of the Land Law 2024.
9. For the remaining recovered area of the land plot but not compensated for the land as prescribed in Clauses 1, 2 and 3, the Provincial People's Committee shall, based on the actual situation in the locality, decide to support the land. Other support for each specific project.
